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HomeMy WebLinkAbout12-28-1970 Planning Commission Minutes CITY OF SARATOGA ·PLANNING COMMISSION MINUTES TI~: Monday, 28 December 1970, 7:30 P.M. PLACE: City Council Chambers, 13777 Fruitvale Avenue, Saratoga, California 95070 TYPE: Regular Meeting I. ROUTINE ORGANIZATION A. ROLL CALL Present: Commissioners Kraus, LiVely, Martin, Metcalf, Norton & Smith Absent: None B. MI~r0TES The following amendments to the minutes of 14 December 1970 were noted: Page 1, last paragraph, second sentence should read: "Commissioner Metcalf stated that the final result should be a layout or a treatmmnt .... "Page 2, Item B, first and second paragraph should be 3.9 acres rather than 3.7. Commissioner Smith moved, seconded by Commissioner Lively that the reading of the minutes of 14 December 1970 be waived and that they be approved as amended; carried unanimously. ! At the request Of the Con~nission,' the following resolution adopted at the previous meeting is ·set forth in full: RESOLUTION NO. 116 A Resolution of the Planning Commission of ·the City of Saratoga in memory of Admiral Frederick G. Crisp, acknowledging the outstanding· service he 'rendered the City of Saratoga and the citizens of Saratoga through his long and valuable service on the Saratoga Planning Commission. 'NOW, TREREFORE, BE IT RESOLVED, that the Planning Conm~ission of the City of Saratoga formally re'cord its grief and sense of loss at the death of its senior member, Admiral Frederick G. Crisp, noting his long and distinguished record of public service, to the nation as a regular officer of the United· States Navy and to the community of Saratoga as a long-time resident and one of the founding members of this Commission, and acknowledging the care, effort and wise counsel he comtributed to the work of the Conm~ission for nearly ·15 years and the example he set both of unfailing concern for the public interest and of personal friendship and cooperation with his fellow Commissioners. PASSED A~rD ADOPTED by the City of Saratoga Planning Commission, State of California, this 14th day of December, 1970, by the following vote: AtqES: CO~[ISSIONERS KtlAUS, LIVELY, MARTIN, METCALF, NORTON AND SMITH NOES: NONE AB SENT: NONE Theodore M. Norton, Chairman. C. Chairman Norton noted that in January the Commission usually elects a Chairman and a re-organization·of committees is called for. Council policy now stipulates that no Commissioner will serve for more than two consecutive terms. It was the consensus of the Commission ·that this matter be discussed in Executive Session following the regular meeting. D. Chairman Norton stated that apropos the resolution honoring Admiral Crisp, he had received a letter from Mrs. Crisp asking him to convey her appreciation to the Commission. Plan~g Comnission Minutes - 28 December 1970 - Continued II. PUBLIC HEARINGS A. C-133 - M.E. Frazier, Saratoga Avenue & Cox Avenue - Request for Change of ZOning from"A" [(Agricultural) to "P-A" (professional- Administrative). Chairman Norton opened the Public tlearing at 7:37 P.M. The Secretary noted that nothing ne~.~ had been added tO the file. The Notice'of Public Hearing was mailed in this case at the request of the Council. The parcel' covers approximately 0.8 acres at the corner of Cox and Saratoga Avenues. Chairman Norton noted that in the past it has been the policy to re-zone from "A" to zoning shown by the General Plan rather readily. Mr. Tenenbaum, Attorney, representing the applicant stated that they propose an office building:which architecturally blends with the surrounding buildings. It will be of a non-medical nature which will conform to P-A uses. They are hoping for a high-class, single tenant who will take over the entire building on a long term lease. tte noted' that this matter was scheduled for a hearing before the Council on January 6. Fred Styles, 18990 Saraglen Place, representing Saratoga Park Woods Homeowners Association, stated that Homeowners Association was in favor of the proposal which Mr. Tenenbaum is now submitting. Commissioner. Smith reported that the Subdivision Committee had met with Mr. Tenenbaum and came to a tentative agreement as to several restrictions which would be placed on this zoning. He read the report of the Sub- division Conmittee dated 28 Decenter 1970. After considerable discussion with respect to .Items (1) and (2) of the Subdivision Comnittee Report dated 28 December 1970 it was moved by Commissioner Smith, seconded by Commissioner Kraus that the Public . Hearing in C-133 be closed; motion carried and Public Hearing closed at 8:17 P.M. Commissioner Smith moved,. seconded by Co~nissioner Kraus that the Sub-' division Committee report of 28 December 1970 on C-133 with the amendments as noted, be approved by the Commission and forwarded the City Council as its recommendation; carried unanimously. B. 'C-137 - Alfred F. Dumas, Inc., Prospect Road - Request for Change of Zoning from "R-l-10,000" (Single-Family Residential) to "R-l-10,000" "P-C" (Single-Family Residential planned Community) - Continued from 14 December 1970. Without objection, Chairman Norton directed C-137 continued to the next regular meeting and referred same to the Subdivision Committee for further study and recommendation. C. C-139 ' Malachy J. Moran, .Saratoga Avenue - Request for Change of Zoning from "R-i-20,000" .(Single-Family Residential) to "R-l-10,000" (S~ngle-Family Residential) - Continued from 14 December 1970 Chairman Norton opened the Public Hearing for the evening at 8:21 P.M. The Secretary read two communications: 1) an open letter to the Planning Commission from seven different households primarily' on Lannoy Court and one or two on Herriman; a~d 2) a letter opposing re-zoning of the above property'from 6 different'residents primarily on Saratoga Avenue and Howen Drive. Mr. Moran was present and requested a continuance in order to amend the present application to define more clearly what he intended to do. - 2- ~·lazn~ing Conm~ission Mint 28 December 1970'- Continued Mrs. Moran stated that there had been ·a great deal of conment about her husband's proposal and asked that anyone interested come and take a look at the plans.· Commissioner Smith commented that Mr. Moran's presentation before the Subdivision Committee was one of the finest he had seen and complimented Mr. Moran on the work he had done in preparation. Without Objection, Chairman Norton closed the Public Hearing for the evening at 8:28 P.M.· and continued C-139 to January 25 and referred same to the Subdivision Co~nittee for further study and recommendation. D. UP-186 -'Lawrence E. Fordyce, Saratoga Avenue - Request for Use Permit to Allow a Convalescent Hospital Continued from 28 September 1970 Chairman Norton opened the Public Hearing for the evening at 8:29P.M. and noted that this matter had been continued pending the General Plan Review. Since there was no representation from the application, the secretary recommended that this matter be continued to the next regular meeting. · ' Without objection, Chairman Nor~ n cl6sed the Public Hearing for the evening at 8:30 P.M., continued UP-186 to January 11 and referred same back to the SubdivisiOn·· Committee for study and recommendation. E. UP-194 - Noorudin Billawala, Sousa Lane - Request for Use Permit to Allow a iConvalescent Hospital Continued from 13 October 1970 Chairman Norton opened the public Hearing at 8:31 P.M. The Secretary stated that the applicant, after reviewing the proposal with the State Division of Highways and finding that the site would be drastically affected by the West Valley Freeway, has asked to withdraw his request for a Use Permit. Commissioner Smith moved, seconded by Commissioner Kraus that the request for withdrawal of UP-194 be approved and that proceedings be terminat.ed; carried unanimously. ' III. BUILDING SITES & SUBDIVISIONS A. SD~870 - Peter Pavolos, Chester Avenue - Subdivision Approval - 9 Lots - Continued from 14 December 1970 Paul Nowak of Sandis and Associates stated that he had incorporated the recommendations of the Subdivision Cosmittee and was available to answer any questions. Without objection, Chairman Norton continued SD-870 to January 11 to allow time for further study. B. SDR-873 - George Stathakis, Michaels Drive - Building Site Approval - 1 Lot Continued from 14 December 1970 Without objection, Chairman Norton directed that SDR-873 be continued to·the next regular meeting to allow time for further study. C. SD-875 - Joseph P. Battaglia, Chester Avenue - Subdivision Approval - 13 Lots - Continued from 14 December 1970 Without objection, Chairman Norton directed that SD-875 be continued to the next regular meeting to allow time'for further study. IV. DESIGN REVIEW - None ~ V. CITY COUNCIL REPORT Commissioner Smith gave a sunmary of items reviewed and action taken at the City Council meeting of 16 December 1970 with emphasis on items of particular interest to the Comn~ssion - 3 - Planni~ Comnission Minutes ~ 28 December 1970 - Continued VI. OLD BUSINESS A. Policy Planning Committee Commissioner Kraus presented a brief report on a Foothill Study presented to the PPC. B. Retirement Housing Study The Planning Director read his report of 28 December 1970. Commissioner Lively read the report of the General Plan Committee dated 28 December 1970. There was a brief discussion'regarding techniques employed'to contact residents in the 60-65 years age group. Mrs. Cabby Sitney stated that the figures and questi'onnaires from the Congress for Community Progress had been made available to the City. Col. Barco noted that there was a certain amount of consistency in the figures reported by this study, by the Congress for Community Progress, and in his study. He referred to Mayor Glennon's report of four years ago when they mailed out 70'questionnaires an~ came up with a need for 69 or 70 units. He felt that the only difference of opinion.would be in the number of units.requi~ed and whether ~ large housing complex is proposed or a number of smaller' units. This would be a matter of policy. He also felt that all land, regardles~s of current zoning, should be eligible for consideration for this type of project and that it was not necessary to change the present City. Code. Col. Barco made several comments as to policy, site criteria..and types of retirment housing. tie felt it was extremely important ~.o talk with F.H.A. and other experts in this field, and to define whe'~her we are talking about retired people or the aged. itte stated that ~e had a complete file on retirement housing which he would make available to the city. Chairman Norton thanked Col..Barco for his c~ments and stated that t'hey emphasized the point that we have to zero-in on the group we are concerned with - is it the retired, or the .aged? There is also a question of economic level are we concer~ed with .those who have financial problems or tbose who are only see~lng suitable accommodation in an area in which they would like to live. I=t will also be necessary to clarify whether it is necessary to be wit~ti,n walking distance of' doctors and shops or whether transportation ~ these facilities can be provided. Moved by Commissioner Lively~ that the Sarat'~ga Retirement Housing Study, together with the Planning Director's Report ~.ated 28 December 1970 and the Genera]. Plan Coxm~ittee report dated 28 D~amber 1970, be fon~arded to the City Council as the Co~nission's comm~ts on the study for its due consideration, seconded by Commissioner ~e~tcalf; carried unanimously. C. Proposal for Establishing a Roofing Material ~rdinance and Fire Retardant RoOfing Material Zone The Secretary presented a map show several di~:ferent possible boundary lines for imposing roofing requirements for fm!ture residential areas in Saratoga. The question arises as to what in ~he opinion of the Planning Commission would be the best line to use in ~!tablishing such an ordinance requirement. The Fire Marshal is taking int~ ~account elevation and access. After a brief discussion, the problem of fir~-~retardant, roofing-material zone was left with the staff for fur~ er stud~,. -4- Pl~]-m~ conm~ission Minutes 28 December 1970=- Continued VII.' NEW BUSINESS A. UP-151 - James R. Davi~ Sousa Lane - Request for Extension Withoutl objection, Chairman Norton referred this matter to the Subdivision Con~nittee for study and recommendation. VIII. COM>TUN~ICATIONS A. '~ITTEN There were no written com~hieations. B. CoEissioner Smith referred' to an article in the. December 16 edition of the San 3ose Mercury-News wherein Campbell City Council had approved planned development for four acres at the southeast corner of Sunnyoaks and Vir~nia Aven~ s. IX. ADJOURDZ NT' Chairman Norton acknowledged the presence of Coucii~n Smith; earlier in the evening, Councilman': Bridges; Mrs. Dorothy Parker and Mrs. Maas of the Good Government Group; Mrs. Slade from the League of Women Voters; Mrs. Cabby Sithey; Col. Barco; and Miss LaForge from the Los Gatos Times- Ob server. The regular meeting adjourned at 10:12 P.M. to Executive Session. The Co~ission met briefly in Executive Session to discuss organization and personnel. Chairman Norton declared the meeting adjourned at 10:30 P.M. Stanley M~ker Secretary to the Co~ission :r · , CITY OF SARATOGA PLA~ING CO~DiISSION MINUTES · TIME: Monday 14 Decenter 1970 - 7:30 P.M. PIACE: City Council Chambers, 13777 Fruitvale Avenue, Saratoga, California 95070 TYPE: · Regular Meeting. **********~***************** I. ROUTI~ ORGANIZATION A. ROLL CALL Present: Conmissioners Kraus,lLively, Martin, Metcalf, Norton & Smith Absent: None B. MINUTES Chairman Norton noted the following amendment to the minutes of 23 November: Page 3, C-117, second and thir~ sentence deleted. Conmissioner Smith moved that the minutes of 23 November 1970 be approved as distributed with the correction on page 3,·seconded by Commissioner Lively; carried Unanimously.. C. 'Chairman Norton announzed the passing of Planning Comnissioner Admiral Frederick G. Crisp and read in full a Resolution expressing the Conmission's grief at this loss. On behalf of the Subdivision Committee who will sorely miss Commissioner s~ Crip s advice over his long years of experience, Commissioner Smith moved, seconded by Conmissioner Lively that the Resolution be adopted; carried unanimousl%. The Chairman directed. the staff to prepare a copy of the resolution zor the family. II. PUBLIC HEARINGS A. C-137 ~ Alfred F. Dumas, Inc.,'.Prospect Road, Request for Change of Zoning from "R-l-10,000" (Single Family Residential) to "R-10,000" "P-C" (Single-Family Residential Planned Community) - COntinued from 23 November 1970 Chairman Norton opened the Public Hearing for the evening at 7:37 P.M. The Secretary noted 'that nothing new had been added to the file. Bob ·~Mathot representing the Dumas organization stated that the parcel in.question was a difficult piece of land with difficult access. He asked for a continuance to meet once more with the Subdivision Committee. No one in the audience wished to comment. Commissioner Smith stated that the basic problem was whether the Commission wants to interpret the ordinance as being strictly on a square footage basis or whether this should be decided on'the basis of the shape of the property and the number of 10,000 s.f. subdivision lots which could be put on this piece of property. On the square-foot basis there is a .possibility of 20-22 lots. On·the premise of straight subdivision 10,000 zoning, the developer could not get more than 12-14 lots. Commissioner Smith asked for the feeling of the Commission as to which interpretation of the Ordinance the comnittee should carry out. He added that the maps presented showed a Very aesthetic layout of streets but these were inadequate at present because no emergency access is provided. After discussion, it was the consensus ~ the CommissiOn that they did not wish to see PC used to maximize the number of units but were prepared to be a little flexible. Comm{ssioner Metcalf asked to see a layout a treatment that has been done·with reference both to an architect and a landscape architect. pia~'ltLitt~'CUL~uLLiS~iOn i,lit~'utes - 14 D~c~L~er 1970 - Continued Without objection, Chairman Norton closed the Hearing for the evening at 7:54 P.M. directed C-137 continued t o the next regular meeting and referred same to the Subdivision Committee for further study and reconunendation. B. C-139 - Malachy J. Moran, Saratoga Avenue - Request for Change of Zoning from "R-I-20,000 (Single-Family Residential) to "R-l-10,000" (Single Family Residential) Chairman Norton opened the Public tlearing for' the evening at 7:55 P.M. The Secretary stated that the Notice of Public Hearing was mailed and published.. The applicant has requested a change of zoning from R-i-20,000 to R-l-10,000 for the 3.7 acre parcel shown".on the map. There were two statements from the applicant on file and a letter of opp,osition signed by thirteen different families primarily on Lannoy Court and Herriman Avenue. Mr. Mal Moran, 13875 Saratoga Avenue 'stated that he lived on the property which he had submitted for re-zoning comprising 3.~ total acreage. He plans to main- tain half acre zoning along Saratoga Avenue..and is requesting 1/4 acre zoning for the lower part of the orchard and 3/4 acre zoning for the remaining portion. The surrounding property varies from 1/4 to 1/2 acre zoning. Mr. Moran presented a model of the proposed development showing 9 homes on the 3.9 acre parcel. fie stated that two letters endorsing the proposal had been submitted to the Planning Director for inclusion in the file. Maurice Hill,Lannoy Court expressed opposition on behalf of himself and his neighbor, Mr. Kerrick, whose land is directly affected by this zoning. He noted that the peculiar shape was based on the creek which flows along the back line and any development would increase drainage into the creek. G.I. Smith, 13754 Howen Drive, who owns the property directly behind the applicant's strongly opposed re-zoning of less than 20,000. Joe Zerboni, 19951 .Lannoy Court spoke .for himself and the Marguellos who live at 19961 Lannoy Court and felt that the area sh6uld retain half acre zonihg. H.R. Wyberg, 13935 Saratoga Avenue, whose property adjoins Mr. Moran's, stated ... that at the time the matter was presented to him he was under the impression that it would devalue his property. 'Since then he has seen Mr. Moran's plan and asked that his name be withdrawn from the petition. Marsha Lundt, 13805 Saratoga Avenue representing property owners in the eastern portion, objected to the re-zoning. Susan Hannon, 13855 Saratoga Avenue favored Mr. Moran's request. Mr. Moran noted that the area owned by the Flood Control District would not be developed. Chairman Norton closed the Public Hearing for the evening at 8:30 P.M., referred the matter of C-139 to the Subdivision Conmittee for review and recommendat. ion and continued same to the next regular meeting. C. ZONING ORDINANCE A~ND~'EN~ - An Ordinance Amending Ordinance NS-3, the Zoning Ordinande of the City of Saratoga by Adding Section 11.12 to Article 11 prohibiting Use of Motor Vehicles for Advertising Purposes Chairman Norton opened the Public Hearing at 8:31 P.M. . t to The Secretary stated that the ordinahce has been re-dra.f ed take into account the sale of a motor vehicle by an individual property owner in a R-1 or R-M District. Commissioner Martin suggested inserting the words "not exceeding two square feet in area" following the word sign on the last line of the second paragraph. Commissioner Lively suggested that the word car be changed to vehicle as it appears in Paragraph 2. - 2 - Pianni~' Commission Minutes - 14 December l~/u - Conuinued Following a brief discussion it was generally agreed that some restriction on the sign should be formally stated. Connnissioner Smith moved, seconded by Commissioner Lively that the Public Hearing on the proposed zoning ordinance amendment be closed. Motion carried and Public Hearing closed at 8:43 P.M. Commissioner Smith moved, seconded by Commissioner Krause that the proposed ordinance as amended be adopted and 'forwarded to the City Council as tile recommendation of the Planning Conm~ission; carried unanimously. III. BUILDING SITES A~D SUBDIVISIONS A. SD-870 - Peter Pavlos, Chester Avenue - Subdivision Approval - 9 Lots - Continued from 23 November 1970 The Secretary stated that the applicant is submitting a map for 8 lots The average slope is 24.5% and the a~erage lot size would be'approximatelY 52,800 s.f. The policy issue involves lots 1 and 2,.where'the slope is 18.2% and the average lot size would be 47,000 s.fo This did .have prior approval in 1966. Paul Nowak, Sandis and Associates, stated that he had studied both parcels very carefully and developed a house siting plan that would practically eliminate any massive cuts or fills. The parcel was once all one parcel of land which was severed by the extension of,~_~hester Avenue. __. It was the consensus of the Commission that the question of slope density should apply in the valley as well as to the foothills. Commissioner Smith moved that SD-870 be denied unless an extension is received before the 30 day expiration of the present application. If such an extension' is received the matter will be continued to the next regular meeting, seconded by Commissioner. Krause; carried unanimously. B. SDR~873 George Stathakis, Michaels Drive - B~ilding Site Approval - 1 Lot'- Continued from 23 November 1970 Chairman Norton directed that SDR-873 be continued to the next regular meeting to allow time for further study. C. SD-875 - Joseph P. Battaglia~ Chester Avenue - Subdivision Approval - 13 Lots Chairman Norton asked the Commissioners to look at this property with a view to slope density requirements. He referred SD-875 to the Subdivision Committee for report and recommendation and continued same to the next regular meeting. 'D. SDR-877 - Donald T. Comer~ Pierce Road - Building Site Approval - 1 Lot The Secretary stated that the applicant is aware of the conditions. He originally proposed three lots on this property but has revised his map to just one. Commissioner Smith moved that the Building Site. Committee Report dated December 14, 1970 on SDR-877 be accepted and that the tentative map be approved subject to the conditions listed therein, seconded by Commissioner' Krause; carried unanimously. , E. SDR-876 - Joseph Ne~ille, Pierce Road & Chalet Clotilde - Building Site Approval - 3 Lots Commissioner Smith stated that the Site Development Plan for Parcel C shows the turn-around on a platform. There is an 18% grade. This has been referred to the Fire Departmen[. The two areas down below are fairly level and there iS room enough for a house on both of them. ~lann~ng Conmission Minutes - 14 December 1970 - Continued Chairman Norton pointed out that there were two basic questions, 1) the access road and possible cutting and filling to put the house on Lot C; and 2) whether we take the slope density figure for the whole parcel and apply the ordinance. The Secretary reported that the average slope is 29.5% and the property contains 121,300 s.f. giving an average lot size of 59,200 s.f. or two lots. It was the consensus of the Commis'sion that the slope density standards should be applied. Commissioner Smith moved t~ deny t'~is application on 'the grounds that it does not comply with the slope d~nsity resolution, Commissioner Kraus seconded; carried unanimously. IV. DESIGN REVIEW A. A-356 ARCO (Formerly Richfield), Big Basin Way - Final Design Review - Replacement of Identification Signs Commissioner Metcalf moved for adoption of staff report dated 14 December 197~0 and that Final Design Approval be granted subject to the conditions therein, Commissioner Lively seconded; carried unanimously. B. A-359 Cal-West Communities, Inc., Saratoga Avenue - Final Design Review - Identification Sign Commissioner Metcalf moved, .second'ed by Commissioner Lively for adoption of Staff Report dated ~4.--Dec~mber 1970 in the case of A-359, and that Final Design Approval be~'granted as sho~ on Exhibits A and B and subject to the conditions as set forth therein; c:arried unanimously. V. CITY COUNCIL REPORT Chairman Norton referred to the revised Action Minutes from the City Council which had been~stributed to the Commission. C-133 - M.W. Frazier - Saratoga Avenue and Cox Avenue The Secretary reported on a referral by the City Council of the C.W. Frazier application wherein the applicant had revised his application, with the approval of the Council, to "P-A" and the matter was referred to the Planning Committee of the Council and the Planning Commission for a report and recommendation. Another Public Hearing is not required. Without objection, C-133 was referred to the Subdivision Committee for report and recommendation. VI. OLD BUSIneSS A. SDR-832 - David L. Mendenhall, Mr. Eden Road - Request for Reconsideration of Condition - Continued from 23 November 1970 Commissioner Smith moved, seconded by Conmissioner Kraus that the request for reconsideration of condition in SDR-832 be approved as set forth in the Staff Report dated 14 December 1970 and 'fom~arded to the Council as the recommendation of the Commission; carried unanimously. VII. NEW.BUSINESS A. SDR-822 - Earl Zinm~rman~ Bohlman Road, Request for Extension Commissioner Smith moved, seconded' by Commissioner Kraus that the request for extension for SDR-822 be granted for one year from current date of expiration; carried unanimously. - 4 - y!an~i~g%Zen~t~issicn Minute !4 Dczcz~cr 1970 .-- Continued B. Saratoga Retirement Housing .Study - Preliminary Draft Chairman Norton noted: 1) in terms of total population the percentage of people over 65 is falling slightly;' 2) we were not without basis for our' action in denying Col. Barco's proposal since there were no community services and facilities near by; 3) five areas were suggested for serious consideration which bave not been considered. Without objection, Chairman Norton 'referred the Retirement Housing Study to the. staff and the General Plan Committee with the suggestion that they submit a preliminary report, if possible, at the next-regular meeting. VIII. CO~SMUNICATIONS A. WRITTEN There were no written communications. B. ORAL There were no oral communications. IX. ADJOURN~ENT Chairman Norton acknowledged the presence earlier in the evening of Councilman Smith; Mrs. Wilberding of the Good Government 'Group, who served coffee; Mrs. Ottenberg of the League of Women Voters; and a gr'oup of students from West Valley College. The meeting adjourned at 10:22 P.M. Stanley M. Walker Secretary to the Commission .'r